[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2958 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2958

  To amend the accountability provisions of part A of title I of the 
Elementary and Secondary Education Act of 1965, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 18, 2009

    Mr. Terry (for himself, Mr. Platts, Mr. Paul, and Mr. Simpson) 
 introduced the following bill; which was referred to the Committee on 
                          Education and Labor

_______________________________________________________________________

                                 A BILL


 
  To amend the accountability provisions of part A of title I of the 
Elementary and Secondary Education Act of 1965, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``State and Local Education 
Flexibility Act of 2009''.

SEC. 2. AMENDMENTS TO ESEA.

    (a) Limited English Proficient Students.--Section 1111(b) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)) is 
amended--
            (1) in paragraph (2)(C)--
                    (A) in clause (vi), by striking ``and'' at the end;
                    (B) in clause (vii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(viii) at the State's discretion on a 
                        case-by-case basis, may not include the 
                        performance of any limited English proficient 
                        student if--
                                    ``(I) the student has not been 
                                enrolled for 3 full school years in an 
                                elementary school or secondary school 
                                in the State; and
                                    ``(II) the parents of the student, 
                                and the school administrator or team of 
                                educators designated by the student's 
                                school for making limited English 
                                proficiency placement and assessment 
                                decisions, agree that such an exclusion 
                                is educationally appropriate for the 
                                student.'';
            (2) in clause (ii) of paragraph (2)(I), by inserting ``is 
        subject to paragraph (3)(C)(xvi),'' after ``except that the 95 
        percent requirement described in this clause'';
            (3) in paragraph (3)(C)--
                    (A) in clause (xiv), by striking ``and'' at the 
                end;
                    (B) in clause (xv), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(xvi) notwithstanding clause (ix)(III), 
                        at the State's discretion on a case-by-case 
                        basis, not include any limited English 
                        proficient student if--
                                    ``(I) the student is enrolled in 
                                his or her first full school year in an 
                                elementary school or secondary school 
                                in the State; and
                                    ``(II) the parents of the student, 
                                and the school administrator or team of 
                                educators designated by the student's 
                                school for making limited English 
                                proficiency placement and assessment 
                                decisions, agree that such an exclusion 
                                is educationally appropriate for the 
                                student.''; and
            (4) in paragraph (7), by adding at the end the following: 
        ``Notwithstanding the preceding sentence, a State plan may 
        provide for the exclusion from such annual assessment of 
        English proficiency of any limited English proficient student 
        if (A) the student is enrolled in his or her first full school 
        year in an elementary or secondary school in the State; and (B) 
        the parents of the student, and the school administrator or 
        team of educators designated by the student's school for making 
        limited English proficiency placement and assessment decisions, 
        agree that such an exclusion is educationally appropriate for 
        the student.''
    (b) Consideration of Graduation Rates in AYP.--Clause (vi) of 
section 1111(b)(2)(C) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6311(b)(2)(C)) is amended by inserting ``, except that, 
at the discretion of the State, such graduation rates may include (I) 
any student who has exceptional circumstances and graduates from 
secondary school with a regular diploma in not more than 5 years, (II) 
any qualified child with a disability (as that term is defined in 
paragraph (3)(C)(11)) who graduates from secondary school with a 
regular diploma before attaining an age established by State law, and 
(III) any qualified child with a disability (as that term is defined in 
paragraph (3)(C)(11)) who satisfies such alternative challenging 
academic content and achievement standards as the State may establish 
for the child to complete secondary school in a reasonable period of 
time'' after ``in the standard number of years''.
    (c) Children With Disabilities.--Subsection (b) of section 1111 of 
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311) is 
amended--
            (1) in subparagraph (B) of paragraph (1), by striking ``The 
        academic standards'' and inserting ``Subject to paragraph (11), 
        the academic standards'';
            (2) in clause (i) of paragraph (2)(C), by striking 
        ``applies the same high standards'' and inserting ``subject to 
        paragraph (11), applies the same high standards'';
            (3) in clause (i) of paragraph (3)(C), by striking ``be the 
        same academic assessments'' and inserting ``subject to 
        paragraph (11), be the same academic assessments''; and
            (4) by adding at the end the following:
            ``(11) Children with disabilities.--
                    ``(A) Relation to iep.--Subject to the requirements 
                of subparagraphs (B) and (C), with respect to a 
                qualified child with a disability, a State plan may 
                provide for modification of the challenging academic 
                content standards and challenging student academic 
                achievement standards required by paragraph (1)(A), the 
                high standards of academic achievement described in 
                paragraph (2)(C)(i), and the yearly student academic 
                assessments described in paragraph (3), to align such 
                standards and assessments with the child's 
                individualized education program.
                    ``(B) Parental consent.--A State plan may not 
                provide for modification pursuant to subparagraph (A) 
                of any standard or assessment unless the parents of the 
                child involved agree that such modification is 
                educationally appropriate for the child.
                    ``(C) Progressively higher level of instruction.--
                In the case of a qualified child with a disability who 
                has a significant cognitive impairment, but not a 
                severe cognitive impairment, any modification pursuant 
                to subparagraph (A) of any standard or assessment 
                applicable to the child shall continue to require a 
                progressively higher level of instruction each year to 
                achieve graduation with a regular diploma or an 
                alternative State-established diploma leading toward 
                graduation with a regular diploma or an alternative 
                State-established diploma.
                    ``(D) Rule of construction.--This paragraph shall 
                not be construed to give rise to any new right under 
                the Individuals with Disabilities Education Act, to 
                expand the definition of a child with a disability 
                under that Act, or to otherwise affect any provision of 
                that Act.
                    ``(E) Definitions.--In this paragraph:
                            ``(i) The term `individualized education 
                        program' has the meaning given to such term in 
                        section 602 of the Individuals with 
                        Disabilities Education Act.
                            ``(ii) The term `qualified child with a 
                        disability' means a child who receives services 
                        under the Individuals with Disabilities 
                        Education Act and has been certified by a 
                        licensed health care professional or a 
                        multidisciplinary team (established in 
                        accordance with State guidelines and including 
                        a licensed health care professional) as a child 
                        with severe or significant cognitive impairment 
                        that prevents learning consistent with the 
                        child's age group.''.
    (d) Local Development of Assessments.--Paragraph (3) of section 
1111(b) of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6311(b)(3)) is amended by adding at the end the following:
                    ``(E) Local development of assessments.--
                            ``(i) In general.--Notwithstanding 
                        subparagraphs (A) and (C)(i), a State 
                        educational agency may authorize a local 
                        educational agency, or school, in the State to 
                        develop and implement the student academic 
                        assessments required by this paragraph with 
                        respect to the students served by the local 
                        educational agency or school, respectively.
                            ``(ii) Same assessment.--Subject to 
                        paragraph (11), any assessment developed and 
                        implemented by a local educational agency or 
                        school pursuant to this subparagraph shall be 
                        the same academic assessment used to measure 
                        the achievement of all children served by the 
                        local educational agency or school, 
                        respectively.
                            ``(iii) State responsibility.--If a State 
                        educational agency chooses to authorize a local 
                        educational agency, or school, in the State to 
                        develop and implement assessments pursuant to 
                        this subparagraph, the State educational agency 
                        shall be responsible for demonstrating in the 
                        State plan that each such assessment complies 
                        with the requirements of this paragraph.''.
    (e) Multiple Assessments.--
            (1) In general.--Paragraph (3) of section 1111(b) of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6311(b)(3)) (as amended by subsection (d)) is amended by adding 
        at the end the following:
                    ``(F) Rule of construction.--Notwithstanding 
                subparagraph (A), this paragraph shall not be construed 
                to prohibit the development and implementation of the 
                student academic assessments required by this section 
                through the use of multiple assessments of high 
                technical quality integrated into a school's curriculum 
                and distributed throughout the course of the school 
                year.''.
            (2) Participation requirement.--Clause (ii) of section 
        1111(b)(2)(I) (20 U.S.C. 6311(b)(2)(I)) (as amended by 
        subsection (a)(2)) is amended by inserting ``, and shall be a 
        75 percent annual average requirement in a case in which the 
        school implements academic assessments for purposes of 
        paragraph (3) through the use of multiple assessments 
        integrated into a school's curriculum and distributed 
        throughout the course of the school year'' before the close 
        parenthesis at the end.
    (f) Highly Qualified Special Education and Rural Teachers.--Section 
9101(23)(B)(ii) of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7801(23)(B)(ii)) is amended as follows:
            (1) By striking ``or'' at the end of subclause (I), 
        redesignating subclause (II) as (III) and inserting the 
        following new subclause after subclause (I):
                                    ``(II) at the discretion of the 
                                State, in the case of a special 
                                education teacher or a teacher in a 
                                rural school, by passing such a 
                                rigorous State academic subject test in 
                                any 1 subject in which the teacher 
                                teaches if, with respect to each other 
                                academic subject in which the teacher 
                                teaches, the teacher works in close 
                                consultation, either in-person or 
                                through high-quality distance education 
                                or consultation, with another teacher 
                                who is highly qualified in such other 
                                academic subject; or''.
            (2) By inserting before the closing parentheses in clause 
        (i) ``or, at the option of the State, a rigorous academic 
        subject matter teaching curriculum and institutional skill 
        assessments (as determined by the State's education 
        commissioner) developed by a public or private university''.
    (g) Social Studies Treated as Core Academic Subject.--Paragraph 
(11) of section 9101 of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7801) is amended by striking ``and geography'' and 
inserting ``geography, and social studies''.
    (h) Competence in Science and Social Studies Treated as Competence 
in Subdisciplines.--Paragraph (23) of section 9101 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7801) is amended by 
striking ``and'' at the end of subparagraph (B), by striking the period 
at the end of subparagraph (C) and inserting ``; and'', and by adding 
at the end the following new subparagraph:
                    ``(D) shall be determined under this paragraph by 
                treating demonstrated competence in general science or 
                social studies as competence in the subdisciplines of 
                general science and social studies, respectively''.

SEC. 3. STUDY ON THE ADEQUACY OF ESEA FUNDING.

    (a) Study.--The Comptroller General of the United States (in this 
section referred to as the ``Comptroller General'') shall conduct a 
study to determine for each of school years 2001-2002, 2002-2003, 2003-
2004, 2004-2005, 2005-2006, 2006-2007, and 2007-2008 the following:
            (1) The amount of costs incurred by local educational 
        agencies and schools as a result of efforts to comply with the 
        provisions of part A of title I of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6301 et seq.).
            (2) The amount of funds received by local educational 
        agencies and schools under such part A.
    (b) Regular Educational Expenses.--In making a determination of 
costs under subsection (a)(1), the Comptroller General shall exclude 
educational costs that would be incurred by local educational agencies 
and schools irrespective of efforts to comply with the provisions of 
part A of title I of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6301 et seq.).
    (c) Samples.--The Comptroller General shall make sample 
determinations under paragraphs (1) and (2) of subsection (a) for--
            (1) at least 1 local educational agency and 1 school in a 
        rural area in each State; and
            (2) at least 1 local educational agency and 1 school in an 
        urban area in each State.
    (d) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Comptroller General shall submit a report to the 
Congress on the results of the study conducted under this section.
    (e) Subsequent Study and Reports.--The Comptroller General shall 
conduct a study, for each school year after the 2005-2006 school year, 
to determine the costs and funds described in subsection (a) for such 
year. The report of each such study shall be submitted to the Congress 
not later than 1 year after the close of the school year to which the 
study relates.

SEC. 4. MEASURING INDIVIDUAL STUDENT ACADEMIC ACHIEVEMENT.

    The Elementary and Secondary Education Act of 1965 is amended by 
adding the following at the end of subpart 4 of part A of title VI and 
by making the necessary conforming changes in the table of contents:

``SEC. 6165. MEASURING INDIVIDUAL STUDENT ACADEMIC ACHIEVEMENT.

    ``A State may choose to demonstrate adequate yearly progress under 
this subpart by utilizing individual growth models to measure 
individual student progress from grade to grade if the State meets all 
of the following requirements:
            ``(1) The State system contains strong privacy protections 
        and measures to prevent the labeling of students.
            ``(2) The State system includes measures to meet the 
        academic progress benchmarks established under NCLB to reach 
        the universal goal of 100 percent student proficiency by 2014.
            ``(3) The State system includes both annual or multiple 
        yearly assessments of high technical quality and academic merit 
        as primary measurements of student academic progress.
            ``(4) The State data system meets minimum standards, which 
        will be established by the Secretary to ensure high data 
        quality, including the ability to match test records of 
        individual students from year to year and the ability to 
        measure growth at the classroom and school level.
            ``(5) In the case of a student who is one or more full 
        grade levels behind his or her classmates, as determined by the 
        State in accordance with the State's grade-level academic 
        standards, the State has a plan in place to bring the student 
        up to age-appropriate grade level learning within three years 
        through targeted interventions chosen by the State, and the 
        plan has been approved at the start of each of the three 
        applicable school years by one or both of the student's 
        parents.
            ``(6) The State system recognizes individual student GPA as 
        a factor in reporting student progress.
States utilizing individual growth models may, in the case of a student 
who is determined by the State to be one or more full grade levels 
behind his or her classmates, count the student as meeting adequate 
yearly progress requirements for up to three years as long as the 
student is meeting the annual State-established goals for individual 
student progress that are designed to bring the student up to age-
appropriate grade level learning within three years through appropriate 
targeted interventions.

``SEC. 6166. ACCURATE IDENTIFICATION OF SCHOOLS NEEDING IMPROVEMENT.

    ``(a) In General.--For purposes of determining adequate yearly 
progress under this subpart, schools shall be graded on the following 
grading scale:
            ``(1) Grade A+: Schools achieving 100 percent of the 
        factors that make up adequate yearly progress.
            ``(2) Grade A: Schools achieving 90-99 percent of such 
        factors.
            ``(3) Grade B: Schools achieving 80-89 percent of such 
        factors.
            ``(4) Grade C: Schools achieving 70-79 percent of such 
        factors.
            ``(5) Grade D: Schools achieving only 60-69 percent of such 
        factors.
            ``(6) Grade F: Schools achieving 59 percent or less of such 
        factors.
    ``(b) Awards and School Improvement Measures.--The following awards 
and school improvement measures shall apply to schools based on the 
grade each school receives on the above school improvement grading 
scale:
            ``(1) A+ schools shall receive greater flexibility in the 
        use of title I funds provided to their school with the 
        transferability percentage increased from 50 percent to 75 
        percent flexibility.
            ``(2) A schools shall have flexibility to utilize Federal 
        funds to help boost achievement for specific sub-groups not 
        making adequate yearly progress including for additional 
        teacher development and any other interventions the school 
        deems appropriate.
            ``(3) B schools.--After two years of not making AYP, the 
        district shall choose the interventions from those allowed 
        under section 1116 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 6316) that are appropriate to help the 
        school improve its performance as quickly and effectively as 
        possible.
            ``(4) C schools.--After two years of not making AYP, the 
        district in consultation with the State shall choose the 
        appropriate interventions from those allowed section 1116 of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6316) to help the school improve its performance as quickly and 
        effectively as possible.
            ``(5) D schools.--After two years of not making AYP, the 
        district and State shall choose the appropriate interventions 
        from those allowed under section 1116 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6316) to help the 
        school improve its performance as quickly and effectively as 
        possible.
            ``(6) F schools.--After two years of not making AYP, the 
        State shall choose the appropriate interventions from those 
        allowed under section 1116 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6316) to help the school 
        improve its performance as quickly and effectively as possible.
    ``(c) Schools Making AYP.--In the case of schools graded B, C, D, 
or F, States and school districts, coordinating as appropriately 
required for each grade level in this section, may choose to implement 
any, all, or none of the school improvement measures currently 
available under section 1116 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6316) for schools not making AYP for 3-5 years 
without the school being identified ``in need of improvement'' or as 
needing corrective action.
    ``(d) Schools Not Making AYP.--In the case of schools graded B, C, 
D, or F which fail to progress beyond their initial grade level for 
three consecutive years, such schools shall be subject to the current 
school improvement measures that apply to schools that have not made 
AYP for three years as defined in the State's plan under section 
1111(b)(2).''.

SEC. 5. COMPARISON OF STATEWIDE REPORT CARDS.

    Section 1111(h)(6) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6311(h)(6)) is amended--
            (1) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (2) by inserting after subparagraph (B) the following:
                    ``(C) Additional information.--In addition to the 
                information that parents may request under subparagraph 
                (A), a school that receives funds under this part shall 
                provide, to each individual parent, student progress 
                report cards referred to in this subsection in addition 
                to report cards showing the schoolwide and statewide 
                progress of students as required by this subsection. 
                States shall include on the student progress report 
                cards the grade of the school the individual student 
                attends, as identified from the school improvement 
                grading scale in section 6166. States shall also 
                include on schoolwide and statewide progress report 
                cards the State's performance on the National 
                Assessment of Educational Progress (NAEP) in the 
                academic subject areas required to be reported. An 
                explicit side-by-side comparison is not required and 
                each State may choose the format in which information 
                is presented if the NAEP scores are included.''.
                                 <all>